Estate Administration | By Lawyers
Skip to main content

Estate Administration

QLD

This publication assists practitioners in Queensland who are acting for executors and administrators in estate matters.

3 Matter Plans

Overview

The publication comprises 2 guides to assist practitioners in obtaining a grant of probate or letters of administration. The commentaries cover obtaining the grant, collecting the assets, and distributing the estate in accordance with the will or the rules of intestacy.

The Reference materials folder includes guidance on electronic signing and remote witnessing, and the Getting the matter underway folder contains essential compliance and client engagement documents. The comprehensive Retainer Instructions ensure that all necessary information is gathered from the client at the outset of the matter.

Also included is 101 Succession Answers (QLD), which is a useful reference guide.

Precedents in this publication include:

  • Letters to the executor or administrator and beneficiaries at various stages;
  • Libraries of letters to asset holders – initial and final;
  • Letters and forms for executor or administrator commission;
  • Deeds of release and indemnity;
  • Deeds of family arrangement;
  • Statement of assets, liabilities, and distribution;
  • Letter to beneficiaries with distribution;
  • Final letters to executor or administrator – concise and extensive.
Icon

3 Matter Plans Included

  • Item icon ALERTS - Nil
  • Item icon Full Commentary - Probate (QLD)
  • Folder icon Reference materials
    • Item icon AI Prompts
      An AI prompt defines a specific task for AI to perform, like drafting a particular document, and provides clear instructions on how to execute that task. The goal is for the AI to quickly create a useful first draft of a document, which the user verifies and refines into a final version, ultimately ...

      This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

    • Item icon Looking to the Future
    • Item icon Electronic Signing and Witnessing
    • Item icon 101 Succession Answers (QLD)
    • Item icon 101 Costs Answers
    • Folder icon Papers and articles - Wills and estates
      • Item icon Estate planning - An exciting opportunity for small law firms
      • Item icon Executor's commission 1 - Executor's commission and the professional executor
      • Item icon Executor's commission 2 - Horns of a dilemma
      • Item icon Executor's commission 3 - A fiduciary duty
      • Item icon Improving written submissions - A paper by Judge Alan Troy
      • Item icon Plain language – A paper by the Hon. Michael Kirby AC CMG
      • Item icon To accept or not accept instructions in urgent will matters
      • Item icon Wills and estates - Death in the house
    • Item icon Further information
  • Item icon Overview
    The types of grants that may be sought in deceased estates include:

    This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

  • Folder icon A. Getting the matter underway
    • Item icon File cover sheet - Probate
    • Item icon To do list - Probate
    • Item icon First steps
    • Item icon Client details and verifying identity
    • Item icon Retainer instructions - Estate administration
    • Item icon Conflict of interest check
    • Item icon Initial letter to spouse executor
    • Item icon Initial letter to executor
    • Item icon Initial letter to client enclosing costs agreement
    • Item icon Initial letter to client enclosing costs agreement - Estate administration - Extensive
    • Item icon Costs agreement - Estate administration - QLD
    • Item icon Abbreviated costs disclosure - Costs under $3000
    • Item icon Time and costs estimates
    • Folder icon If required - Updating costs disclosure
      • Item icon Letter to client updating costs disclosure
      • Item icon Charge securing costs
      • Item icon Guarantee securing costs
      • Folder icon Costs disclosure before settlement in litigation matters
        • Item icon Letter to client - Costs disclosure before settlement - NSW, VIC, and WA
        • Item icon Letter to client - Costs disclosure before settlement - QLD, SA, TAS, ACT, and NT
    • Item icon Enclosure - Information sheet
    • Item icon Initial letter to executor with duties when small estate and we are not acting
    • Item icon The deceased
      Remains and funeral wishes It is not uncommon for a testator to give directions in a will in relation to funeral arrangements or to express a wish in relation to organ donation. While these directions are normally known to the family, it is prudent to view the will at the earliest opportunity. Such ...

      This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

    • Item icon Client engagement
      The following require consideration:

      This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

    • Item icon When a grant is required
      There is no statutory requirement to obtain a grant. Most banks and financial institutions will not insist on a grant if the amount they hold for the deceased is less than $50,000. In these circumstances, they will normally accept evidence of death, entitlement, and the signing of indemnities by ...

      This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

    • Item icon Funeral expenses and other creditors
      Funeral expenses Most banks will allow funds to be withdrawn from the deceased’s accounts to pay funeral expenses before a grant is obtained. Alternately, funeral directors are usually willing to defer payment until the funds are available on distribution of the estate.

      This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

    • Item icon Executors
      Duties of an executor The executor is responsible for the entire administration of the estate until the final distribution to the beneficiaries. Duties include:

      This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

    • Folder icon If required - Renunciation
      • Item icon Renunciation
        If an executor appointed by a will does not wish to proceed in the role, they must sign a renunciation, which is then filed with a subsequent application for grant for probate or letters of administration. When there are no remaining executors named in the will, the appropriate person applies for ...

        This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

      • Item icon Letter to executor with renunciation
      • Item icon Renunciation of probate or administration with the will
    • Item icon Revocation of executor through termination of a relationship
      The ending of a testator’s marriage, de facto relationship, or civil partnership revokes:

      This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

    • Item icon Estate taxes and duties
      Taxation generally When not practising in this area, the best advice that can be given to the client is to seek appropriate information and guidance from their accountant or taxation adviser before assets are redeemed or transferred. There will be instances where it will be appropriate and ...

      This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

    • Folder icon If required - Authority previous solicitor
      • Item icon Letter to another solicitor with authority to obtain documents
      • Item icon Authority of executor to obtain will from another solicitor
      • Item icon General authority to hand over documents
    • Folder icon Beneficiaries
      • Item icon Beneficiaries
        A beneficiary is a person or entity to whom a bequest is made in a will. For the named person to be a beneficiary, both the will and the bequest must be valid. It is incumbent on an executor to establish the validity of the will and then to administer the estate according to the terms of the will. ...

        This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

      • Item icon Initial letter to beneficiaries re probate application
      • Item icon Initial letter to beneficiaries re application for probate where client is alternate or remaining executor
      • Item icon Deed of disclaimer - Probate
      • Item icon Clause - Statutory declaration of beneficiary under will
      • Item icon Statutory declaration - blank - QLD
      • Item icon Exemplification of probate or letters of administration
    • Folder icon Births, deaths and marriages
      • Item icon Letter to Registry of Births, Deaths and Marriages
      • Item icon Queensland Government - Births, death and marriages - Certificates
    • Item icon Challenging the validity of a will
      Challenging a will questions its validity. Contesting a will questions the fairness of its provisions.

      This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

    • Folder icon If required - Caveats
      • Item icon Caveats on grants
        When a challenge to a will is contemplated, it is necessary to put the court on notice of the proposed challenge. The caveat is in force for 6 months but may be renewed for 6 months by filing a new caveat: r 624 of the Uniform Civil Procedure Rules 1999.

        This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

      • Item icon Letter to caveator's solicitor for details
      • Item icon Letter to client re the caveat
      • Item icon Caveat
      • Item icon Notice to caveator and applicant
      • Item icon Notice in support of caveat
      • Item icon Notice of withdrawal of caveat
    • Folder icon General deeds, agreements, execution clauses, and statutory declarations
      • Item icon Deeds and Agreements
      • Folder icon Deeds
        • Item icon Deed for general use
        • Item icon Deed of guarantee
        • Item icon Deed of release
        • Item icon General deed of indemnity
        • Item icon Deed of assignment of agreement
        • Item icon Deed of gift
        • Folder icon Library of standard clauses for deeds
          • Item icon Amendment
          • Item icon Confidentiality for defined information - All parties
          • Item icon Confidentiality for defined information - One party
          • Item icon Confidentiality for terms of deed - All parties
          • Item icon Confidentiality for terms of deed - One party
          • Item icon Costs
          • Item icon Counterparts
          • Item icon Dispute resolution
          • Item icon Events beyond control
          • Item icon Governing law and jurisdiction
          • Item icon Interpretation
          • Item icon No assignment
          • Item icon Notices
          • Item icon Severance
          • Item icon Waiver
          • Item icon Whole agreement
      • Folder icon Agreements
        • Item icon Agreement for general use
        • Item icon Heads of agreement
        • Item icon Non-disclosure agreement - Formal
        • Item icon Non-disclosure agreement - Informal
        • Folder icon Library of standard clauses for agreements
          • Item icon Amendment
          • Item icon Confidentiality for defined information - All parties
          • Item icon Confidentiality for defined information - One party
          • Item icon Confidentiality for terms of agreement - All parties
          • Item icon Confidentiality for terms of agreement - One party
          • Item icon Costs
          • Item icon Counterparts
          • Item icon Dispute resolution
          • Item icon Events beyond control
          • Item icon Governing law and jurisdiction
          • Item icon Interpretation
          • Item icon No assignment
          • Item icon Notices
          • Item icon Severance
          • Item icon Waiver
          • Item icon Whole agreement
      • Folder icon Execution clauses
        • Folder icon Library of execution clauses for agreements
          • Item icon Attorney
          • Item icon Authorised officer
          • Item icon Company
          • Item icon Company - Sole director
          • Item icon Individual
          • Item icon Individual - No witness
        • Folder icon Library of execution clauses for deeds
          • Item icon Attorney
          • Item icon Authorised officer
          • Item icon Company
          • Item icon Company - Sole director
          • Item icon Individual
      • Folder icon Statutory declarations
        • Item icon Commonwealth statutory declaration
        • Item icon Statutory declaration - blank - ACT
        • Item icon Statutory declaration - blank - NSW
        • Item icon Statutory declaration - blank - VIC
        • Item icon Statutory declaration - blank - QLD
        • Item icon Statutory declaration - blank - TAS
        • Item icon Statutory declaration - blank - SA
        • Item icon Statutory declaration - blank - WA
        • Item icon Statutory declaration - blank - NT
        • Item icon Standard annexure note for documents
      • Item icon Standard annexure note for documents
  • Folder icon B. Gathering information
    • Folder icon Library of initial general letters
      • Item icon Initial letter to Centrelink
      • Item icon Initial letter to Medicare
      • Item icon Initial letter to Electoral Roll
      • Item icon Advice of death for Centrelink, Medicare
    • Folder icon Library of initial letters to asset holders
      • Item icon Initial letter to bank building society
      • Item icon Initial letter to nursing home
      • Item icon Initial letter to health insurer
      • Item icon Initial letter general cancellation of membership
      • Item icon Initial letter to deceased's accountant
      • Item icon Initial letter to deceased's employer
      • Item icon Initial letter to superannuation fund
      • Item icon Initial letter to deceased's stockbroker for portfolio details
      • Item icon Initial letter to company for debenture particulars
      • Item icon Initial letter to company or registry for share particulars
      • Item icon Initial letter to government department re motor vehicle
      • Item icon Initial letter to deceased's insurer for policy details
      • Item icon Initial letter to deceased's insurer for details of bonds
      • Item icon Initial letter to mortgagee requesting mortgage details and transfer requirements
    • Item icon Initial letter to creditor
    • Folder icon If required - Where cause of death leads to compensation
      • Item icon Cause of death
        It is important to consider if the cause of death gives rise to any compensation or damages, for example, death as a result of a motor vehicle or work accident. See the Motor Vehicle Accident or Workers Compensation guides for more information.

        This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

      • Item icon Initial letter to CTP insurer
      • Item icon Initial letter to workers compensation insurer
  • Folder icon C. Probate
    • Item icon Advertising
      The advertisement must appear at least 14 days before the filing of the Application for Probate. The Notice of Intention to Apply for Grant must be published in the Queensland Law Reporter, a publication approved by the Chief Justice under Practice Direction 14 of 2017, pursuant to ...

      This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

    • Item icon Letter to Queensland Law Reporter with notice of application
    • Item icon Letter to Public Trustee with notice of application
    • Item icon Notice of intention to apply for grant
    • Item icon Statutory notice to creditors
    • Item icon Completing the forms
      The following documents are required:

      This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

    • Item icon Application for probate / letters of administration with the will
    • Item icon Affidavit supporting probate application
    • Item icon Affidavit of publication and service
    • Item icon Certificate of exhibit
    • Item icon Letter to court enclosing probate application
    • Folder icon Library of less common forms, affidavits and notices
      • Item icon Notice of intended distribution of estate
      • Item icon Affidavit (blank)
      • Item icon Affidavit as to undated will
      • Item icon Affidavit of due execution of will or codicil
      • Item icon Affidavit of handwriting of deceased or attesting witness
      • Item icon Affidavit of plight condition and finding
      • Item icon Clause - Affidavit of due execution by translator
      • Item icon Clause - Affidavit by firm - Condition and finding of the will
      • Item icon Clause - Affidavit by executor - Condition and finding of the will
      • Item icon Clause - Affidavit by person with knowledge - Condition and finding of the will
      • Item icon Clause - Affidavit by subscribing witness - Condition and finding of the will
    • Item icon Letter to executor after grant
  • Folder icon D. If required - Reseal
    • Item icon Reseal
      Assets held in Queensland normally require a grant of probate in Queensland to deal with them. However, where a testator has assets in more than one jurisdiction and a grant has already been made in another jurisdiction, it may be possible to obtain a reseal of that original grant rather than apply ...

      This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

    • Item icon Letter to Queensland Law Reporter with notice of application
    • Item icon Letter to Public Trustee with notice of application
    • Item icon Application for reseal
    • Item icon Affidavit supporting application for reseal
    • Item icon Certificate of exhibit
    • Item icon Affidavit of publication and service
  • Folder icon E. If required - Application for executor commission
    • Item icon Executor commission
      See 101 Succession Answers (QLD). An executor is entitled to receive such remuneration or commission for their services as personal representative as the court thinks fit: s 68 of the Succession Act 1981. If a commission is to be sought, the application to the court is made under r 646 of ...

      This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

    • Item icon Letter to executor entitled to claim commission
    • Item icon Letter to beneficiary re claim for commission
    • Item icon Application for commission
      The costs associated with any application should always be considered before filing, particularly in the Supreme Court. To avoid the costs associated with the formal application, it is in the beneficiaries’ interests for the executor and beneficiaries to come to an agreement as to commission ...

      This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

    • Item icon Originating application
    • Item icon Clause - Originating application - Executor or administrator commission
    • Item icon Affidavit (blank)
    • Item icon Clause - Affidavit - Account of administration
    • Item icon Example content - Annexure to affidavit - Account of administration
    • Item icon Clause - Affidavit in support of application for commission
    • Item icon Example content - Notice of filing of account
    • Item icon Affidavit of publication and service
    • Item icon Certificate of exhibit
    • Item icon Application
    • Item icon Clause - Interlocutory application - Commission
    • Item icon Clause - Affidavit of service
    • Item icon Example content - Registrar's certificate
    • Item icon Order
    • Item icon Clause - Order
  • Folder icon F. Dealing with assets
    • Item icon Statutory Notice to Creditors
      Immediately after appointment as executor, and if it was not already included in the Notice of Intention to Apply, the Statutory Notice to Creditors needs to be published: s 67 of the Trusts Act 1973. A precedent notice is on the matter plan. This will put any creditors on notice that the ...

      This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

    • Item icon Letter to newspaper with notice to creditors
    • Item icon Statutory notice to creditors
    • Item icon Dealing with assets
      It is not possible to detail every possible scenario which may arise. However, the following are points to consider.

      This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

    • Folder icon Verification of identity
      • Folder icon Library of identity and authorisation forms - QLD
        • Item icon Verification of identity certificate
        • Item icon Client authorisation
        • Item icon Identifier declaration
        • Item icon Identity - witnessing certification - outside Australia
        • Item icon Australian Embassy/High Commission/Consulate certification form
        • Item icon Identity agent certification
    • Folder icon Library - Letters and forms - Finalising estate accounts and property
      • Item icon General collection letter
      • Item icon General reminder letter
      • Folder icon Bank
        • Item icon Letter to bank building society for account proceeds
        • Item icon Certificate of identity for bank withdrawal forms
      • Folder icon Real property
        • Item icon Transfer duty
          Section 124 of the Duties Act 2001 provides that transferring a property to a beneficiary entitled to it under the will does not attract duty, as there is an exemption if a dutiable transaction gives effect to a distribution in the estate of a deceased person. The exemption extends to ...

          This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

        • Item icon Transfers of real property
          A request to record death will be necessary to transfer any jointly owned property to the surviving proprietor. Property owned solely by the deceased or as tenants in common may need to be transferred into the executor’s name. A Transmission Application should be lodged, and the executor can then ...

          This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

        • Item icon Dutiable transaction statement
        • Item icon Foreign resident capital gains withholding payments
          The foreign resident capital gains withholding payments provisions of the Taxation Administration Act 1953 came into force on 1 July 2016. Essentially, when real property is transferred, the transferee is required to withhold 15% of the purchase price and remit this sum to the Australian ...

          This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

        • Item icon Request to record death
        • Item icon Transmission application by personal representative - QLD grant
        • Item icon Transmission application by personal representative - no QLD grant
        • Item icon Trust details form
        • Item icon Transmission application for registration as devisee legatee
        • Item icon Foreign ownership information
      • Folder icon Insurance and superannuation
        • Item icon Letter to deceased's insurer for payment
        • Item icon Letter to health insurer for payment
        • Item icon Letter to superannuation fund on transmission
        • Item icon Letter to deceased's insurer cancelling home insurance
      • Folder icon Shares
        • Item icon Shares
          If shares are to be sold by the executor and not transferred directly to the beneficiaries, any capital gain or loss on the disposal must be included in the tax return for the deceased estate. Any capital gains tax is an estate liability which needs to be paid out of the proceeds of the sale of the ...

          This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

        • Item icon Letter to company debenture transmission
        • Item icon Letter to company shares transmission
        • Item icon Transmission application - Company shares for deceased matters
        • Item icon Section 1071B Statement
        • Item icon Transfer of shares
      • Item icon Letter to government department for transfer of motor vehicle registration
      • Item icon Letter to nursing home for payment
    • Folder icon If required - Deeds of family arrangement
      • Item icon Deeds of family arrangement
        Prior to preparing a deed of family arrangement, research must be carried out to ensure a client is advised of all the potential consequences, including the implications and requirements of any applicable taxation or duty issues, and the effect on any duty exemptions which might otherwise apply. ...

        This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

      • Item icon Deed of family arrangement - Life tenant and remainderman
      • Item icon Deed of family arrangement
    • Folder icon If required - Gifts to charities
      • Item icon Letter to charitable institution beneficiary discussing residuary legacy
      • Item icon Letter to charitable institution beneficiary discussing pecuniary legacy
      • Item icon Letter to charitable institution beneficiary discussing specific legacy
    • Item icon Letter to executor advising assets sold
    • Item icon Letter to creditor paying account
  • Folder icon G. Distribution
    • Item icon Payment of debts
      All the property of the deceased is available to pay the estate’s debts, including funeral costs, other testamentary expenses, and any other debts which have been incurred. The personal representative’s most significant duty in administering the deceased’s estate is to pay the deceased’s debts. ...

      This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

    • Item icon Interim distribution
      Depending on the circumstances of the estate, it may be appropriate to make an interim distribution to the beneficiaries as part of their entitlement. Keeping in mind s 44 of the Succession Act 1981, the executor should only do so if they are confident that the estate retains sufficient funds ...

      This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

    • Folder icon If required - Interim distribution
      • Item icon Interim distribution
        Depending on the circumstances of the estate, it may be appropriate to make an interim distribution to the beneficiaries as part of their entitlement. Keeping in mind s 44 of the Succession Act 1981, the executor should only do so if they are confident that the estate retains sufficient funds ...

        This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

      • Item icon Letter to beneficiary on interim distribution enclosing statement for approval
      • Item icon Statement of assets, liabilities and distribution
    • Item icon Final distribution
      The executor should consider whether any court proceedings involving the deceased or the estate are on foot. See Stanford v Stanford [2012] HCA 52 and r 71 of the Uniform Civil Procedure Rules 1999. Any orders or binding agreements made under the Family Law Act 1975 (Cth) or the Civil ...

      This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

    • Folder icon Distribution prior to 6 months
      • Item icon Letter to executor with final accounts and distribution - Prior to 6 months
      • Item icon Letter to beneficiary on distribution - Prior to 6 months
      • Item icon Statement of assets, liabilities and distribution
    • Folder icon If required - Deeds of release and indemnity
      • Item icon Deed of release and indemnity - No grant
      • Item icon Deed of release and indemnity - Distribution - Without notice of claims
      • Item icon Deed of release and indemnity - Distribution - With notice of claims
      • Item icon Deed of release and indemnity - Executors commission
    • Folder icon Distribution after 6 months
      • Item icon Letter to executor with final accounts and distribution - After 6 months
      • Item icon Statement of assets, liabilities and distribution
    • Item icon Letter to beneficiary with distribution of residue
    • Item icon Letter to beneficiary enclosing specific bequest
    • Item icon Accounts
      Keeping proper accounts Executors should be aware of r 648 of the Uniform Civil Procedure Rules 1999 and the necessity to maintain complete and accurate administration records.

      This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

  • Folder icon H. Finalising the matter
    • Item icon Final letter to executor - Concise
    • Item icon Final letter to executor - Extensive
    • Item icon Example invoice incorporating notification of client's rights - QLD
    • Item icon Invoice recital - Estates
    • Item icon Closing the file
    • Item icon File closing checklist
  • Item icon Comments and suggestions for By Lawyers

Our Authors

A team of legal professionals contribute to By Lawyers' publications, all helping to ensure that content is updated regularly to reflect changes in legislation, practice, and procedure.

Meet Our Authors
Authors